Myer v The King
[2023] HCASL 161
MYER
v
THE KING
[2023] HCASL 161
B47/2023
The applicant requires an extension of time within which to apply for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (Bond JA, McMurdo and Dalton JJA agreeing), which allowed an appeal against conviction on the count of rape (count 12), quashing that conviction and entering a judgment of acquittal in relation to that count, but otherwise dismissed the appeal against conviction on the counts of unlawful and indecent dealing with a child under 16 years (counts 1 to 11) and also dismissed an application for production of specific documents and for leave to adduce evidence on appeal.
There is no reason to doubt the correctness of the decision of the unanimous Court of Appeal in dismissing the appeal against conviction on counts 1 to 11 and the application for production and for leave to adduce evidence on appeal. In relation to the latter argument, it rested on the applicant's assertion and speculation, there being no evidence in the appeal record to suggest that there had been a failure by the Crown to disclose or to meet a request for disclosure. The document now sought to be relied upon by the applicant in this Court was not before the Court of Appeal. This Court does not have the power to receive fresh evidence in its appellate jurisdiction: Eastman v The Queen (2000) 203 CLR 1.
Accordingly, any appeal to this Court would enjoy no prospects of success and it would be futile to grant the extension of time sought. Special leave should be refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.
M.M. Gordon S.H.P. Steward 9 November 2023
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